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-   -   Salary Laws (https://www.askmehelpdesk.com/showthread.php?t=216659)

  • May 16, 2008, 01:56 PM
    jenven2283
    Salary Laws
    If I am paid salary and our office hours are M-F 8am-5pm and they ask me to come in on Saturday and they aren't paying us. Are they suppose to pay us for Saturdays?
  • May 16, 2008, 02:32 PM
    progunr
    Here is a link that may explain how overtime is determined.

    http://www.dol.gov/esa/regs/compliance/whd/whdfs23.pdf
  • May 16, 2008, 02:46 PM
    excon
    Hello Jen:

    They pay you a salary just so they can demand such work without having to pay extra to get it. It's a two way street, however. You also have the same benefit, in that you may decide to take an afternoon off, and you'll be paid for it too.

    excon
  • May 16, 2008, 06:54 PM
    Fr_Chuck
    If you are paid on salary they can require you to work after hours, Sat, Sun or more. That is why they call it salary.

    There are rules as to min amount the salary can be
  • May 17, 2008, 02:10 AM
    mdparwez_2005
    World defence pay structure
  • May 22, 2008, 02:22 PM
    twinkiedooter
    Salary means that you work when the company says regardless of how many "overtime" hours you rack up. They kind of got you between a rock and a hard place on this one legally. Sorry.
  • May 22, 2008, 02:25 PM
    progunr
    There are laws that govern the overtime worked by a salaried employee, the myth that they can make you work when ever, and how much they want, is not true.

    Those who doubt that can take a look at the link I provided in my first answer.
  • May 22, 2008, 03:28 PM
    Fr_Chuck
    I am sorry that link did not refer to salary employees??

    There are min salary requirements before they are exempt from overtime rules, ( I think that is @ 26,000 a year) but salary employees do not receive overtime pay, there have been some cases where a salary employee was required to punch a time clock and where companies docked them for missed time. That they were able to sue and get pay for overtime since the company was not treating them as salary.
    But no, salary people in the US work 60, 70 , 80 or more a week often and get their salary.
  • May 22, 2008, 03:34 PM
    progunr
    This paragraph, taken from the link, describes salary based on hours per week, and how to calculate the hours over the specified number.

    "Salary for Workweek Exceeding 40 Hours: A fixed salary for a regular workweek longer than 40 hours does not discharge FLSA statutory obligations. For example, an employee may be hired to work a 45 hour workweek for a weekly salary of $405. In this instance the regular rate is obtained by dividing the $405 straight-time salary by 45 hours, resulting in a regular rate of $9.00. The employee is then due additional overtime computed by multiplying the 5 overtime hours by one-half the regular rate of pay ($4.50 x 5 = $22.50)".

    There is also another link to the Federal Wage and Hour web site on that page.
  • May 22, 2008, 03:46 PM
    Fr_Chuck
    Yes, but salary people are exempt employees
    Salary people in executive, admin, profession and sales are exempt on salary, this is the exeption to over time

    Question: Where can I find information on Fair Labor Standards Act (FLSA) exemption for executive, administrative, professional and outside sales employees?
    Answer: Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department's regulations.

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